Indiana lawyer T. Edward Page was murdered at his home by a client, Hobart, Ind., police said late last week.

The Chicago Tribune reported that  a client of Page’s, William Landske, has been charged in the murder.

Page, an attorney with Thiros & Thiros in Merrillville, worked as Lake County public defender for the last 10 years, Marce Gonzalez Jr., chief public defender, said. Page submitted his notice of retirement Tuesday and was planning to finish out the month, he said.

Earlier in the week, another lawyer, Stephen Shapiro of Illinois, was shot to death in a separate case. His brother-in-law is in custody in that case.

Read the Chicago Tribune article.

The New York Post reports that the former lawyer who helped “Pharma Bro” Martin Shkreli defraud investors landed just one and a half years in prison Friday — but will have to fork over more than $10 million in restitution and forfeitures.

Brooklyn federal court Judge Kiyo Matsumoto said Evan Greebel’s conduct was “egregious” and he played a “crucial role” in Shkreli’s scheme to defraud his hedge-fund investors after he lost all their money in a bad trade.

In addition to the prison time, the disbarred attorney will have to pay $10,447,979 in restitution to Retrophin and forfeit $116,464.03 in ill-gotten gains to the government, writes reporter Emily Saul.

Greebel is a former partner at Kaye Scholer and Katten Muchin Rosenman.

Read the NY Post article.

Marcellus Shale landowner coalitions — their form, function and impact — will be the topic of a one-hour, web-based seminar offered by Penn State Extension at 1 p.m. on Thursday, Aug. 23, 2018.

Presenting the webinar will be Grace Wildermuth, a Penn State doctoral degree student in the Department of Agricultural Economics, Sociology, and Education. She will discuss research from her thesis on landowner coalitions.

Topic will include:

• coalition models and forms
• benefits and detriments of membership in a coalition
• best practices identified by members of coalitions
• specific effects of participation in a coalition for agriculturalists
• potential future applications of the landowner coalition model.

Register for the webinar.

A recent decision from the Virginia Supreme Court further weakens the enforceability of teaming agreements, which may mean trouble for prospective subcontractors, according to an alert from Baker & Hostetler.

The post explains:

“In light of CGI Federal, contractors should assess whether they can reasonably rely on the terms and conditions of their teaming agreements to provide meaningful assurances regarding the negotiation of a prospective subcontract without binding themselves to more definite terms prior to any prime award, at least under Virginia law. Accordingly, unless contractors wish to consider the law of other forums when negotiating their teaming agreements, they must pay close attention to the specific terms and conditions of their contracts when evaluating what is and is not enforceable and govern their pre-award conduct accordingly.”

Read the article.

A recent Second Circuit opinion provides a reminder of the importance of reserving rights pending final documentation and the risks of being bound despite the absence of definitive agreements in place, writes Rama Douglas of Kramer Levin Naftalis & Frankel.

The circuit upheld the bankruptcy court’s and district court’s ruling that an email by defendant’s counsel to the opposing side stating that the defendant will sign a settlement agreement creates a binding contract even if the defendant later chooses not to sign the settlement agreement.

The case is Shinhan Bank v. Lehman Brothers Holdings Inc.

Read the article.

There is a circuit split on the weight courts should give contractual provisions allowing the appointment of a receiver in loan documents, points out William Easley in a post for Bryan Cave Leighton Paisner. While some courts treat the provision as granting a contractual right to a receiver, others treat it merely as a factor to be considered.

He writes that “many district courts recognize that allowing the appointment of a receiver upon a contractual provision is imperative to give the creditor the benefit of its bargain.”

“A creditor’s contractual right to appoint a receiver under the loan documents will differ drastically between the circuits. Potential creditors need to consider the likelihood of succeeding on a motion to appoint a receiver to determine whether these provisions should be included in their loan,” he adds.

Read the article.

Jeffrey M. Reichard of Nexsen Pruet offers a reminder that the American Institute of Architects (AIA) will discontinue support of older versions of its most popular standard form contracts after Oct. 31, 2018.

“This means you will no longer be able to create, edit or even finalize a 2007 AIA document after that date,” he warns. “If you haven’t already done so, now is the time to convert your standard form contracts to the 2017 versions.”

He writes that one important change is the creation of a new insurance exhibit which changes and expands the terms related to insurance coverage previously included in the body of the A201.

Read the article.

Bloomberg Law reports that a federal appeals court has ruled that a district court had the right to toss a jury verdict as a sanction because of the severity of a lawyer’s “continuous, contumacious” conduct.

The trial court had set aside a plaintiff’s verdict in an excessive-force claim against a Chicago police officer by entering judgment for defendants based on misconduct by plaintiff’s lawyer, Dana L. Kurtz.

The trial judge outlined the misconduct that led to the sanction, including the eliciting of barred testimony, witness misconduct and lack of preparation, lack of candor, and destruction of evidence.

Read the Bloomberg Law article.

The U.S. Federal Trade Commission failed to convince a federal judge in San Francisco that DirecTV should pay nearly $4 billion in restitution to customers for allegedly misleading consumers about the costs of programming packages, Bloomberg reports.

The said that “the scope of the maximum potential recovery in this case has been substantially curtailed,” according to reporter Pamela MacLean.

The FTC suit alleged that DirecTV failed to disclose to consumers in 40,000 print, mail, online and TV advertisements that its lower introductory pricing lasted just one year but tied buyers to a two-year contract.

Read the Bloomberg article.

Prosecutors in the Illinois murder case of Stephen Shapiro, a partner in Mayer Brown, say he was gunned down by his brother-in-law, reports the Chicago Tribune.

Police arrested Shapiro’s brother-in-law, John Gately III in connection with the slaying at the lawyer’s home.

A prosecutor said Shapiro’s wife, Joan Shapiro, had been financially supporting her brother and had recently argued with him about the management of his finances.

On the day of the shooting, Gately attempted to talk to his sister, but Shapiro refused him. Authorities said Gately then shot Shapiro, before trying to shoot Joan Shapiro. She escaped from the house.

Read the Tribune article.

Day Pitney LLP announced that the firm has been ranked among the top 20 Am Law 200 firms for gender diversity, specifically, the percentage of female equity partners, in The American Lawyer‘s annual A-List ranking.

The newest metric included in the A-List ranking is a score based on the percentage of female lawyers in a firm’s equity partnership ranks. Equity partnership, or law firm ownership, is considered to be among the most important indicators of a law firm’s enduring diversity achievements.

This year, Day Pitney was also ranked among the top 50 law firms in the National Law Journal (NLJ) 500: Women’s Scorecard. Only the largest 350 firms in the nation are eligible for a Women’s Scorecard ranking, and the “score” is determined by adding the percentage of the firm’s female attorneys with its percentage of female partners.

Dorsey & Whitney LLP announced that Walter Wu, M.D., has joined the firm’s Patent Group in Palo Alto, California, as a partner.

The firm said Wu specializes in patent prosecution and portfolio strategy for emerging companies in the life sciences, and patent due diligence for life science investors. His clients and target companies are active in the digital health, medical diagnostics, bioinformatics, ophthalmic, wound care and ENT fields. His transactional experience includes Alcon’s licensing of the Google Smart Lens technology and Auris Surgical Robotic’s acquisition of Hansen Medical. He has developed patent strategies for inter partes reviews and litigation matters involving surgical robots and prosthetic limbs, and is an expert on clinical, marketing and biostatistical issues relating to biotech and pharmaceutical patent litigation, including trial experience in Pfizer Inc. v. Ranbaxy Laboratories Ltd. involving Lipitor.

He joins Dorsey from Cooley LLP where he was a partner.

Wu received a B.S. degree from the University of California, Los Angeles. He received his medical degree from the UC Davis School of Medicine, where he was a UC Regents Scholar. During medical school, he completed policy fellowships at the National Governors Association and the Food and Drug Administration. He is a licensed physician and was board-certified in internal medicine from 2000 to 2010. Before attending law school, he was a chief resident and clinical instructor at the UCLA School of Medicine. He received his J.D. degree from the UCLA School of Law.

“Walter is one of the most respected medical device patent law experts in Northern California and will be a great addition to the multi-office Dorsey teams serving client needs, both IP and transactional, in the life science fields,” noted Dorsey managing partner Ken Cutler. “The Health Care industry is a key focus sector for Dorsey around the globe. We serve clients in all aspects of that industry, from providers to payers to makers of medical devices and the investors who finance them.”

“I am extremely pleased to be joining Dorsey and its great Firm-wide team of patent and transactional lawyers serving life science clients,” said Wu. “I look forward to serving Dorsey’s exceptional client base and to introducing clients I serve to my new colleagues.”

Luke W. Meier has joined Blank Rome LLP as a partner in the Government Contracts group in the Washington, D.C., office. Meier’s practice will focus on business with the federal government, including investigating and defending allegations of fraud typically brought under the False Claims Act (FCA), the firm said.

Meier joins Blank Rome from Covington & Burling LLP where he was special counsel in the firm’s Government Contracts practice group.

“Luke’s previous involvement working for a major defense contractor as an on-site consultant at the Department of Homeland Security’s Office for Domestic Preparedness, combined with his impressive private practice experience, will bring a unique perspective to our government contracts team,” said Alan J. Hoffman, the firm’s chairman and managing partner. “We’re thrilled to welcome Luke to Blank Rome.”

The firm said Meier has managed the response to numerous audits by the Defense Contract Audit Agency or an agency Office of Inspector General, and has successfully defended several government contractors from allegations of fraudulent mischarging. His litigation background includes complex commercial disputes and numerous bid protests before the Government Accountability Office and U.S. Court of Federal Claims.

“Luke’s background in government contracts law and litigation will be an excellent complement to our nationally recognized team,” said David M. Nadler, chair of Blank Rome’s Government Contracts group. “His experience will have a powerful impact on the strength of our practice and our ability to provide strategic counsel to our clients.”

“I’m delighted to be joining the talented attorneys at Blank Rome,” said Meier. “The firm’s lawyers are not only incredibly skilled in their respective practice areas, but they are also great people. I look forward to working with a government contracts group poised for growth and contributing to the future success of this team.”

Luke earned his B.A. in Philosophy from Brown University and his J.D. from the University of Michigan Law School. He also serves as the co-chair of the University of Michigan Law School Alumni Club in D.C.

Loewinsohn Flegle Deary Simon has earned a place on the 2018 Elite Trial Lawyers finalist list for Business Torts as selected by editors and reporters of American Lawyer Media’s National Law Journal.

The publication’s research staff selected the Dallas-based firm for its lawyers’ “exemplary performance in cutting-edge work on behalf of plaintiffs over the last 18 months.” Finalists were chosen from 300 submissions across 23 categories.  The selection process is designed to identify firms “that have achieved exemplary results for their clients.”

Earlier this year, the firm was honored as a Tier 1 Law Firm, the highest-possible ranking, by U.S. News – Best Lawyers in America based on confidential feedback from clients and other lawyers. All six of the firm’s principals are listed in The Best Lawyers in America.

Read about the honor.

Canopy Programs’ new white paper, “An Update on the U.S. Department of Education’s Clery Enforcement Measures,” provides an overview of the Clery review process and cases involving institutions that were fined for Clery Act violations in 2017.

Despite the change in federal administration, the U.S. Department of Education has continued to aggressively enforce the Clery Act. Specifically, the department issued fines against 10 institutions in 2017 based on program reviews that were conducted in the past several years totaling $800,000, or an average of $80,000 per institution.

The complimentary white paper offers insight into these cases, including:

• A review of the institutional demographics by type and enrollment size
• What caused the program reviews to take place
• An analysis of the length of time for the program reviews
• Which categories of violations resulted in fines

Download the white paper.

Micah Dortch, managing partner of the Dallas office of the Potts Law Firm, has been appointed a special receiver in litigation originally brought by the Securities and Exchange Commission against a group of Texas businessmen, the firm announced. That lawsuit seeks to recover funds from what was characterized as a fraudulent investment scheme directed by Thurman P. Bryant III of Frisco and Arthur E. Wammel of Pearland, along with affiliated companies and individuals.

The firm says that evidence in the case revealed that, in less than three years, the defendants were able to withdraw or transfer more than $20 million in cash from Wells Fargo Bank accounts in violation of industry standards and the bank’s own policies. Despite numerous five-figure and six-figure cash withdrawals, Wells Fargo management never verified, questioned or restricted any of the activities, according to allegations.

According to the SEC complaint, originally filed in 2017, the defendants raised more than $22 million from more than 100 investors to purportedly fund short-term mortgage loans for later sale to long-term lenders. The SEC says that no such program existed, and that Bryant and Wammel were operating a Ponzi scheme, with limited returns paid to investors from monies raised from other investors.

Dortch has been appointed by the court to investigate the role of Wells Fargo in the matter and to seek financial compensation on behalf of the defrauded investors, filing a complaint alleging that Wells Fargo failed to follow its fiduciary role.

“As stated in the complaint, Wells Fargo either knew about the scheme or willfully ignored the questionable actions being made in violation of its own internal rules,” said Dortch. “I’m honored to take on this role and gain a just resolution for these innocent victims.”

The case is Ecklund v. Wells Fargo Bank, N.A., No. 4:18-cv-00452-ALM, filed in U.S. District Court for the Eastern District of Texas in Sherman.

Attorney Michael Lyons, co-founder of the Texas-based trial firm Deans & Lyons, has earned selection to the 2019 listing of The Best Lawyers in America for his commercial litigation work.

“Throughout my career, my singular focus has been on achieving the best result possible for my clients,” said Lyons. “Being supported by my peers for Best Lawyers in America confirms that commitment.”

Lyons is a member of the Million Dollar and Multi-Million Dollar Advocates Forums. He also has earned recognition as a Lifetime Achievement member of America’s Top 100 Attorneys for Texas and in 2017 was named among America’s Top 100 High Stakes Litigators for North Texas.

In addition to his selection to the 2019 edition of The Best Lawyers in America guide, Lyons has earned recognition on the Texas Super Lawyers list. In addition, he has been recognized multiple times on D Magazine’s Best Lawyers in Dallas list for both personal injury and business litigation.

Clayton Bailey and Alex Brauer, co-founders of the Dallas-based litigation boutique Bailey Brauer PLLC, have been selected for recognition in the 2019 edition of The Best Lawyers in America.

Bailey is being recognized for his appellate work, and Brauer is included among the leading commercial litigation attorneys in the country. Bailey Brauer and its lawyers have earned multiple honors from BTI Consulting Group, the National Law Journal, Texas Super Lawyers and D Magazine in addition to The Best Lawyers in America.

“As a firm, we have always focused on providing clients with comprehensive legal solutions,” said Brauer. “Earning recognition for both our appellate and litigation expertise is a sign that we have been successful at representing clients in all phases of trial work and appeals.”

Bailey, one of The National Trial Lawyers’ Top 100 Texas Civil Plaintiff Lawyers, has trial and appellate experience in complex tort and other commercial cases in federal and state appeals courts. In 2017, he was the only Texas-based lawyer selected to the National Law Journal’s Elite Boutique Trailblazers honoring legal innovators who are changing the boutique law landscape.

Brauer, recognized as a leading commercial litigator by various publications, represents companies and high net worth individuals involved in high-stakes business litigation. His practice spans various industries and he has successfully represented clients in both state and federal courts across the country.

The profession’s oldest U.S. peer-review guide, The Best Lawyers in America is also among the most respected. Selection is based on confidential evaluations by attorneys in the same practice area and from the same geographic region. For the full listing, visit https://www.bestlawyers.com/.

Eleven attorneys from the Dallas, Nashville and Austin offices of the business and entertainment law firm Shackelford, Bowen, McKinley & Norton, LLP, have been selected to the 2019 listing of The Best Lawyers in America.

“The strength of this firm is evidenced through the selection of these lawyers,” said founding partner John Shackelford. “Not only are our attorneys among the very best, but they also represent clients across a broad legal spectrum.”

The recognized attorneys represent a range of practices, including commercial litigation, family law, appellate, banking and finance, health care law, corporate law, construction law and litigation, project finance, and bankruptcy and reorganization.

The firm’s growing family law practice was particularly well represented, with three partners – Kathryn Pruitt, Josh Northam and Keeli Rule – earning recognition in that category.

Pruitt recently joined the firm’s Dallas office. Her family law practice focuses on representing clients in amicable and high-conflict divorce as well as custody litigation matters. She has been Board Certified in Family Law by the Texas Board of Legal Specialization since 2009.

Also selected to the 2019 listing of The Best Lawyers in America are Shackelford partners:

· Jay Bowen, Nashville – Commercial Litigation

· Talmage Boston, Dallas – Appellate, Commercial Litigation, Banking and Finance

· David Elrod, Dallas – Corporate Law

· Martha Hardwick Hofmeister, Dallas – Commercial Litigation

· Bill Hopkins, Austin – Health Care Law

· Mark McQuality, Dallas – Construction Law and Construction Litigation

· Keith Mullen, Dallas – Project Finance Law

· Frances Smith, Dallas – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law

The oldest and one of the most respected guides to the U.S. legal profession, The Best Lawyers in America listing of the nation’s top lawyers is based on confidential peer-review surveys submitted by attorneys who practice in the same legal fields and within the same geographic regions.

ContractWorks has published a new guide designed to show how to reassign appropriate tasks and simplify workflows by tapping into the skills and experience of non-legal staff in ways that will optimize the legal department’s time without introducing additional risk or oversight.

“A Guide to Delegating Legal Contract Responsibility” is available at ContractWorks’ website at no charge.

“Delegating contract management activities to your non-lawyer professionals has a variety of advantages, but it needs to be planned deliberately and strategically,” the company says on its website. “Make sure that you understand the strengths of the different personnel on your roster, and collaborate with the other areas of your business to make sure that everyone is committed to this new process change.”

The guide discusses:

• How Delegating Tasks Will Benefit Your Entire Team
• Ways to Maintain Control Without and Mitigate Risks
• Best Methods for Building Dedicated Teams
• How to Assign Ownership to Individual Business Units

Download the guide.